Hindustan Times (Delhi)

HC asks govt if J&K Darbar move relevant

- HT Correspond­ent letters@hindustant­imes.com

THE J&K HIGH C0URT ALSO QUESTIONED THE ANNUAL EXPENDITUR­E OF WHAT REPORTS PEG AT ~200 CRORE NEEDED FOR THE EXERCISE

nJAMMU: The Jammu and Kashmir high court asked government authoritie­s on Tuesday to look into the necessity of continuing with the 148-year-old practice of shifting the seat of power, called Darbar move, every six months between Jammu and Srinagar.

The court also asked “competent authoritie­s” to keep in mind the financial implicatio­n for the “hopelessly fiscally deprived Union Territory”, questionin­g the annual expenditur­e of what many reports peg at ~200 crore needed for the exercise.

Hearing a self-adopted public interest litigation, a division bench headed by Chief Justice

Geeta Mittal observed that “no reasons or grounds are forthcomin­g for enabling and supporting considerat­ions of administra­tive efficiency, legal justificat­ion or Constituti­onal basis for affecting the Darbar move”.

“The material placed before us manifests that there has been no applicatio­n of mind to the changed circumstan­ces because of technologi­cal and scientific advances. Our judicial conscience compels us to ring the bell else we would fail in dischargin­g our judicial duty or to perform our constituti­onal function as demanded in the interest of the Nation and the people of Jammu and Kashmir, especially its common woman and man, the poor and the weak,” the bench said.

The court expressed inability to pass an order, saying it listed“limitation­s on the extent of our jurisdicti­on whereby we stand precluded from making a declaratio­n on the permissibi­lity or the continuati­on of the practice...” The court also listed suggestion made by senior advocate Monika Kohli, who drew the court’s attention to a report that the Centre released around ~ 24 crore for purchase of hardware and software for the civil secretaria­t and also released funds for digitisati­on of official records. She submitted before the court that government records should be properly secured and preserved at a proper place.

“The discomfort on account of change of weather in either city is today compensate­d by efficient and modern environmen­t control mechanism as air conditioni­ng, heaters etc in both Jammu as well as Srinagar,” Kohli said.

Speaking to HT, Kohli said: “It all started amid the Covid-19 lockdown after a man from Kashmir, whose son was stranded in Iran, moved an applicatio­n before the court for his evacuation, and it was treated as suo motu PIL.”

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